Gas (Safety and Measurement) Regulations 2010

Order in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to sections 54 and 54A of the Gas Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Energy after consultation with the Environmental Risk Management Authority in accordance with section 54(6) of the Gas Act 1992, makes the following regulations.

Part 1 Preliminary provisions

Interpretation

3 Interpretation

(a)

a body accredited by either of the following to assess an organisation’s compliance with these regulations and safety management systems generally:

(i)

the Joint Accreditation System of Australia and New Zealand:

(ii)

a signatory to the International Accreditation Forum multilateral recognition arrangement for management systems:

(b)

a body approved, by or under an international agreement between New Zealand and another country that does not have a national accreditation body that is a signatory to the International Accreditation Forum multilateral recognition arrangement for management systems, to assess an organisation’s compliance with these regulations and safety management systems generally

canister means a non-refillable container designed to supply gas to a portable gas appliance

certificate of compliance means a certificate, issued under regulation 46, regarding the lawfulness and safety of gasfitting work done on a gas installation or part installation

certified design means a design for a gas installation that has been certified in accordance with regulation 43

CNG means compressed gas consisting of more than 50% methane by volume for storage or use outside a transmission or distribution system

CNG station means a CNG gas installation supplying CNG for use in vehicle cylinders, transportable cylinders, or both types of cylinder

competent organisation means—

(a)

a testing laboratory accredited to ISO 17025 by the Accreditation Council operating asInternational Accreditation New Zealand for the purposes of regulation 22, 77, 79, 83, 84, or 88, or GCP 2, as the case may be; or

(b)

an organisation that is accredited to ISO 17020 either by International Accreditation New Zealand under subpart 3 of Part 1 of the Standards and Accreditation Act 2015 or by a third-party agency accredited under the agreement negotiated between the Australian and New Zealand Governments entitled Joint Accreditation System of Australia and New Zealand (JAS-ANZ) for the purposes of regulation 22, 79, or 83, or GCP 2, as the case may be; or

(c)

any other laboratory or organisation that satisfies WorkSafe that it is competent to perform the relevant functions for the purposes of regulations 22, 79, or 83, or GCP 2, as the case may be

connect means to carry out gasfitting whereby a supply of gas—

(a)

will be provided to a gas installation or part of a gas installation; or

(b)

could be provided to a gas installation or part of a gas installation through a further activity that is not itself gasfitting

location, for the purpose of identifying on a certified design, certificate of compliance, or gas safety certificate the location of a gas installation or part installation, has the meaning given in regulation 52K

safety management system means a system that is implemented by a safety management system operator for the purpose of ensuring, so far as is reasonably practicable, that the gas supply system is prevented from presenting a significant risk of—

(a)

serious harm to any member of the public; or

(b)

significant damage to property owned by a person other than the safety management system operator

safety management system operator means—

(a)

an owner or operator of a gas supply system who is required by section 46A of the Act to implement and maintain a safety management system; or

(b)

a person who opts to implement and maintain a safety management system

Expressions not defined in these regulations but defined in the Act have, in these regulations, the meanings so defined.

(3)

A term used in connection with a particular standard has the meaning used in that standard, unless the term is defined in the Act or these regulations, in which case it has that meaning.

(4)

In these regulations, gas codes of practice (GCPs) and official standards are referred to by the abbreviations listed in Schedule 1.

(5)

If an official standard is referred to in any other official standard by an abbreviation listed in the first column of Schedule 1, the abbreviation must be taken to refer to the appropriate official standard listed in column 2 of Schedule 1.

4 Meanings of safe and unsafe

In these regulations, unless the context otherwise requires,—

safe, in respect of any distribution system, gas installation, fittings, gas appliance, or associated equipment, means that there is no significant risk that a person or property will be injured or damaged by dangers arising, directly or indirectly, from the use of, or passage of gas through, the distribution system, gas installation, fittings, gas appliance, or associated equipment

unsafe, in respect of any distribution system, gas installation, fittings, gas appliance, or associated equipment, means that there is a significant risk that a person may suffer serious harm, or that property may suffer significant damage, as a result of dangers arising, directly or indirectly, from the use of, or passage of gas through, the distribution system, gas installation, fittings, gas appliance, or associated equipment.

(b)

(c)

(a)

in relation to a place to which reticulated gas is supplied to a consumer or gas refueller,—

(i)

the outlet of the gas measurement system that exclusively supplies gas to the consumer or gas refueller; or

(ii)

if there is no gas measurement system that exclusively supplies gas to the consumer or gas refueller, the point that is the outlet of the first upstream isolation valve on the gas line; or

(iii)

if there is no such valve, the point at which gas enters the place; and

(b)

in relation to a place to which non-reticulated liquefied petroleum gas is supplied to a consumer or gas refueller,—

(i)

the outlet of the outlet valve of the cylinder, if the vapour phase gas is supplied from a cylinder:

(ii)

the outlet of the first stage vapour phase regulator in the supply system, if the gas is supplied from a tank or in the liquid phase from a cylinder:

(iii)

the outlet of the fittings, if the gas is supplied from fittings; and

(c)

in relation to a place to which biogas is supplied to a consumer or gas refueller,—

(i)

the outlet of the gas measurement system that exclusively supplies biogas to the consumer or gas refueller; or

(ii)

the outlet of any processing facility; or

(iii)

the outlet of any manifold collecting biogas if there is neither an outlet referred to in subparagraph (i) nor an outlet referred to in subparagraph (ii); and

(d)

in relation to a place to which any other non-reticulated gas is supplied to a consumer, the outlet of the outlet valve of the container from which gas is supplied to the consumer.

(3)

However, the point of supply in relation to a gas installation may be varied by agreement as follows:

(a)

in relation to a gas installation that typically consumes 10 terajoules or more of gas per year, the point of supply is the point that is specifically agreed between the consumer or gas refueller on the one hand and the gas supplier on the other hand if those 2 parties have specifically agreed on a point of supply other than that prescribed in subclause (2); and

(b)

in relation to any other gas installation, the point of supply is the point that is specifically agreed between the gas distributor, the gas retailer, or the gas wholesaler (as appropriate), and the consumer if those 3 parties have specifically agreed on a point of supply other than that prescribed in subclause (2) and—

(i)

the point of supply is permanently marked as the point of supply by the gas distributor; and

(ii)

that point is maintained as the point of supply by the gas distributor; and

(iii)

records of that point are held at all times by the gas distributor.

(4)

In this regulation,—

cylinder means a refillable or non-refillable compressed gas container that is commonly used for storing and transporting LPG

place includes a ship, boat, caravan, vehicle, train, or relocatable building.

5A Meanings of low-risk, high-risk, and general gasfitting

In these regulations, low-risk gasfitting means gasfitting that comprises any of the following:

(a)

the replacement of a gas appliance with an equivalent gas appliance, but only if—

(i)

the work on the replacement appliance, or the replacement appliance itself, does not result in any of the following:

(A)

the repositioning of pipework:

(B)

the repositioning of flue system components:

(C)

a change in the installation pressure:

(D)

a change in the gas type:

(E)

a significant change in energy consumption:

(F)

a change in the ventilation:

(G)

a change to the operation of the installation; and

(ii)

the appliance is not located in a specified caravan or boat:

(b)

the maintenance of fittings and appliances in an installation, other than repair work that is carried out following an accident that is notifiable under section 17 of the Act:

(c)

the replacement, in an installation, of fittings that are instrumentation and related controls, but only if the work does not result in the repositioning or disturbance of pipework (other than instrumentation and related controls pipework):

(d)

the setting, in connection with a gas installation, of safety devices, combustion conditions, and controls that are not designed to be adjusted by a consumer or gas refueller:

Part 2 General safety requirements

Requirements for gas safety

9 Requirements to be safe

(1)

A person who designs, or supervises the design of, a distribution system, gas installation or part installation, gas appliance, or fitting must ensure that, if the finished design were installed or manufactured as designed, the resulting distribution system, gas installation or part installation, gas appliance, or fitting would be safe when used for its intended purpose and in a lawful manner.

(2)

A person who installs, manufactures, or maintains a distribution system, gas installation or part installation, gas appliance, or fitting must do so in a way that ensures that the resulting distribution system, gas installation, gas appliance, or fitting is safe when used for its intended purpose and in a lawful manner.

(3)

The requirements in subclauses (1) and (2) include a requirement that the distribution system, gas installation, fitting, and gas appliance that conveys or utilises the gas must be compatible with the characteristics of the gas, including odorisation.

(4)

A person referred to in subclause (1) or (2) must also ensure that the distribution system, gas installation, fitting, and gas appliance must remain safe when turned off or decommissioned.

(5)

A person who owns, supplies, sells, hires, or operates a distribution system, a gas installation, fitting, or a gas appliance must not use, and must not allow any other person to use, the part of the distribution system, gas installation, fitting, or gas appliance if the part of the distribution system, gas installation, fitting, or gas appliance is unsafe.

(6)

Every person commits an offence and is liable on conviction to a level 2 penalty who—

(a)

fails to comply with subclause (1) or (2); or

(b)

fails to comply with subclause (4) or (5) knowing that, or being reckless as to whether, the distribution system, gas installation, fitting, or gas appliance is unsafe.

10 Obligation to notify WorkSafe of danger

(1)

Any person carrying out gasfitting (including a person acting under an exemption) who has reasonable grounds to believe that any gas installation or gas appliance presents immediate danger to life or property must, as soon as practicable, advise both of the following of the danger:

(a)

the owner or occupier of the property where the danger exists; and

(b)

WorkSafe.

(1A)

The advice in subclause (1) must include—

(a)

details of the nature of the danger; and

(b)

how and why the gas installation or gas appliance presents an immediate danger to life or property; and

(c)

any steps that have been taken, or that the person believes must be taken, to minimise or eliminate the danger.

(2)

A person giving advice under subclause (1)﻿(a) must also advise the owner or occupier to inform the gas retailer or gas wholesaler of the danger.

(3)

A person commits an offence and is liable on conviction to a level 2 penalty if the person has reasonable grounds to believe that any gas installation or gas appliance presents an immediate danger to life or property and the person fails to comply with this regulation.

When things deemed unsafe

11 General rules for when things deemed to be unsafe

A distribution system, a gas installation, fitting, or a gas appliance is deemed to be unsafe if measures are not in place that—

(a)

ensure a release of gas is detectable or ignition of release is prevented unless such a release is required to establish or sustain combustion; and

(b)

ensure gas is not released in an uncontrolled manner; and

(c)

ensure that any oxygen and gas is prevented from mixing in a pipe unless the mixture is outside the flammability limits; and

(d)

ensure persons are not exposed to carbon monoxide and other harmful products of combustion of gas; and

(e)

ensure persons and property are not exposed to excessive forces; and

(f)

ensure that the failure of any control or safety device does not expose the downstream equipment to excessive pressure above the rated pressure of any distribution system and equipment downstream of that control or safety device; and

(g)

enable the effective isolation and shut-off of the gas supply, including during an emergency.

(2)

A distribution system, a gas installation, fitting, or a gas appliance is also deemed to be unsafe if—

(a)

the safety-related characteristics of any fittings are impaired so that the safety function is not served; or

(b)

any of the following are inadequate, incompatible, or unreliable:

(i)

a pipe:

(ii)

a joint between pipes:

(iii)

a joint between pipes and fittings; or

(ba)

the fittings in any distribution system, gas installation, or gas appliance—

(i)

have a gas leakage (other than a minute leakage that is permissible under relevant testing procedures); or

(ii)

are capable of being operated in a manner that is hazardous when the fittings are exposed to any reasonably foreseeable torques, pressures, or chemical or physical conditions; or

(c)

the fittings of any gas installation, distribution system, or gas measurement system are exposed to a pressure exceeding their maximum rated pressure, including as a result of the failure of any control or safety device; or

(d)

a pipe or a fitting (whether above or below ground) is inadequately protected against the risk of damage or corrosion; or

(e)

a pipe or a fitting is subject to forces beyond its design criteria; or

(f)

there is insufficient space, access, lighting, ventilation, or facilities to operate, maintain, test, and inspect any fittings required to be operated, maintained, tested, or inspected; or

(g)

any fittings that cause or are subject to high temperatures are placed in a position, or are unprotected, so as to create a risk of ignition of flammable materials or a risk of injury to persons or damage to property.

(3)

Subclauses (1) and (2) do not limit the rest of these regulations.

(4)

In this regulation, pipe includes tubes, hoses, and associated fittings.

12 Additional rules for when gas installations deemed to be unsafe

An installation is deemed to be unsafe if—

(a)

leakage of gas within the installation is outside the tolerance of a soundness test or has the potential to result in a concentration of gas in air that is in excess of one-fifth of the lower explosive limit; or

(b)

a pipe containing gas or intended to contain gas is not capped or securely closed to prevent leakage or flow of gas (except where ending in a burner or relief valve); or

(c)

the safety controls are inoperative or the safety controls fail; or

(d)

the flue associated with any gas appliance is incorrectly installed; or

(e)

installed permanent ventilation required for safe operation has been closed off or is absent.

13 Additional rules for when gas appliances deemed to be unsafe

(a)

(b)

the supply of gas to the appliance results in a flashback or an extinguishment of flame or some other flame abnormality; or

(c)

the appliance or flue is spilling products of combustion abnormally or outside the design specification, directly or indirectly into an enclosed space; or

(d)

the supply of gas to the appliance results in leakage or failure of a downstream fitting.

(2)

In this regulation, flame abnormality means a flame condition that results in appreciable yellow tipping and carbon deposition (not including that which occurs in appliances designed for luminous effect), lifting, floating, lighting back, objectionable odour, incomplete combustion, or noise.

14 Additional rules for when gas supply deemed to be unsafe

A supply of gas is deemed to be unsafe if it is at a pressure or has a characteristic that, in a properly functioning gas installation, results in a gas appliance becoming unsafe within the meaning of regulation 13(1).

14A Manufacturer’s instructions

This regulation applies if a manufacturer or importer supplies a gas appliance or fitting with manufacturer’s instructions that—

(a)

expressly apply in New Zealand; or

(b)

are silent as to where they apply.

(2)

The manufacturer’s instructions must be such that, if the gas appliance or fitting to which they apply is installed, tested, maintained, or connected in accordance with those instructions, the resulting appliance or fitting will—

(a)

comply with these regulations; and

(b)

be safe.

(3)

A person who does any gasfitting work involving a gas appliance or fitting to which manufacturer’s instructions apply is entitled (if acting in good faith) to rely on the manufacturer’s instructions as complying with subclause (2).

(4)

A manufacturer or importer who supplies a gas appliance or fitting with manufacturer’s instructions to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if the manufacturer’s instructions do not comply with subclause (2).

Part 3 Safety of gas distribution systems

Requirements for all gas distribution systems about gas odorisation

16 General requirement about what gas must be odorised and to what level

(1)

All gas supplied into a distribution system, all gas in or supplied from a distribution system, all gas supplied into an installation, and all gas supplied from a container, must, at all times,—

(a)

be odorised; and

(b)

have a distinctive and unpleasant odour so that the presence of gas in the atmosphere is readily detectable at concentrations equivalent to and in excess of one-fifth of the lower explosive limit of the gas.

(2)

Compliance with Part 2 of NZS 5263 is deemed to be compliance with subclause (1).

(3)

However, this regulation does not apply to—

(a)

gas in a gas transmission system; or

(b)

gas supplied directly from a gas transmission system to a gas installation that has the design capacity to consume 60 000 megajoules or more per hour if the owner or operator of the installation—

(i)

effectively manages the associated risks for that installation; and

(ii)

can demonstrate that there are documented procedures to ensure that either—

(A)

the presence of gas in the atmosphere is readily detectable at concentrations equivalent to and in excess of one-fifth of the lower explosive limit of the gas; or

(B)

ignition of any released gas is prevented; and

(iii)

has asked the gas supplier to supply non-odorised gas in accordance with a written agreement.

(4)

Every person commits an offence and is liable on conviction to a level 2 penalty who supplies gas that does not conform to the requirements of this regulation.

18 Requirements for gas odorisation

(1)

Every person who odorises gas, or is responsible for the odorisation of gas, must use only odorants that do not damage the integrity of any distribution system, gas installation, fittings, or gas appliance.

(2)

Every person commits an offence and is liable on conviction to a level 1 penalty who fails to comply with this regulation.

Requirements for all gas distribution systems about measurement of gas

20 Application of regulations about measurement of gas

21 Gas measurement

Every person who sells gas must do so in accordance with the requirements of Part 1 of NZS 5259 unless there is an agreement in writing to the contrary between the seller and the purchaser.

(2)

Gas must be sold by energy content measured by a gas measurement system, and the following margins of error must not be exceeded:

(a)

for volume, uncorrected for pressure or temperature,—

(i)

prior to a meter being placed in service, plus or minus 2%; or

(ii)

at any time after a meter has been placed in service, plus or minus 3%:

(b)

for corrections of the volume measured to standard conditions, whether by a device used for obtaining corrections or by the setting of factors,—

(i)

prior to a device used for obtaining corrections being placed in service, or on the setting of factors, plus or minus 1%; or

(ii)

at any time after a device used for obtaining corrections has been placed in service, or on the setting of factors, plus or minus 1.5%:

(c)

for calorific value measurements, plus or minus 0.5%.

(3)

Every person who owns a gas measurement system used to measure the supply of gas to consumers must manage that gas measurement system to ensure accuracy of measurement and to ensure that adequate records are kept.

(4)

Compliance with NZS 5259 is deemed to be compliance with subclauses (2) and (3).

(5)

Every person commits an offence and is liable on conviction to a level 2 penalty who fails to comply with this regulation.

22 Testing and installation of gas measurement systems

(1)

This regulation applies to any gas measurement system to which regulation 21 applies before the system is placed in service, and before it is returned to service after being disconnected from service for the purpose of maintenance or recalibration of that system.

(2)

Every gas measurement system to which this regulation applies must, before being put into service, be tested by a competent organisation to determine its accuracy, and must be sealed by the same competent organisation following confirmation that the system complies with regulation 21(2).

(3)

Compliance with Part 2 of NZS 5259 is deemed to be compliance with subclause (2).

(4)

Any gas measurement system that does not pass the test carried out in accordance with subclause (2) must not be sealed, and any seal that may have been placed on the system must be removed or destroyed.

(5)

If a test has been carried out in accordance with subclause (2) and the gas measurement system has been transported before being put into service, the person owning the gas measurement system must ensure that the calibration of the system is unaffected by that transportation before putting that system into service.

(6)

Every person commits an offence and is liable on conviction to a level 2 penalty who installs or uses a gas measurement system contrary to the requirements of this regulation.

(7)

Every competent organisation commits an offence and is liable on conviction to a level 2 penalty that seals a gas measurement system contrary to the requirements in respect of sealing in this regulation.

(8)

Every person commits an offence and is liable on conviction to a level 1 penalty who, not being a competent organisation, breaks the seal of any gas measurement system to which this regulation applies.

24 Application of regulations 25 to 28

Regulations 25 to 28 apply to all distribution systems in respect of which there is no audited safety management system.

25 Operators of distribution systems must keep records and plans

(1)

Every operator of a distribution system or of a part of a distribution system must keep records and plans of all aspects of that system or part that would enable the owner and operator to readily identify and locate the system or any part of the system.

(2)

Compliance with either Part 3 of NZS 5258 (to the extent that that Part relates to records or plans of distribution systems), or Part 1 of AS/NZS 4645, in relation to that system or part of a system, is deemed to be compliance with subclause (1).

(3)

Every person commits an offence and is liable on conviction to a level 1 penalty who fails to keep records and plans in accordance with this regulation.

26 Owners and operators of distribution systems must ensure continuity of supply and safety

(1)

Every owner and every operator of a distribution system or of a part of a distribution system must ensure, so far as is reasonably practicable, that the system or part is designed, constructed, maintained, and operated in a manner that, as far as practicable, achieves continuity of supply and safety of the distribution system.

(2)

Compliance with Part 1 (network management) of AS/NZS 4645, or compliance with Part 3 of NZS 5258, is deemed to be compliance with subclause (1).

(3)

Compliance with Part 2 (steel pipe systems) and Part 3 (plastic pipe systems) of AS/NZS 4645 is also deemed to be compliance with subclause (1).

(4)

Every person commits an offence and is liable on conviction to a level 2 penalty who, being the owner or operator of a distribution system or of a part of a distribution system, fails to ensure, so far as is reasonably practicable, that the distribution system or part is designed, constructed, maintained, and operated in a manner that, as far as practicable, achieves continuity of supply and safety.

27 Duties of owners and operators of distribution systems in relation to work carried out on systems

(1)

Every owner and every operator of a distribution system or of a part of a distribution system who works on, or authorises work to be carried out on, that system or part must ensure, so far as is reasonably practicable, that the person or persons who carry out the work are—

(a)

competent to perform the tasks assigned to them; and

(b)

competent to ensure that the work carried out will be consistent with the ongoing safe operation of the distribution system.

(2)

Compliance with NZS 5258 or AS/NZS 4645 is deemed to be compliance with this regulation.

28 Safety inspections

Every owner and every operator of a distribution system that forms part of a system for conveying gas to consumers must—

(a)

establish a system for regular inspection by a competent person of the safety of that distribution system; and

(b)

implement and maintain the safety inspection system that is so established.

(2)

The safety inspection system must—

(a)

provide for periodic inspection at reasonable intervals of the distribution system; and

(b)

require records to be kept of the results of every periodic inspection.

(3)

A person who owns a distribution system to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if the person—

(a)

fails to comply with this regulation; or

(b)

fails to carry out the inspections required by a safety inspection system established, implemented, and maintained in accordance with this regulation.

(4)

A person who operates a distribution system to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if the distribution system has not been inspected as required by a safety inspection system established for the purposes of this regulation, and the person knows, or is reckless as to whether, the distribution system has not been inspected.

Requirements for audited safety management systems

29 Overview

Under section 46A of the Act, every person who owns or operates a gas supply system must implement and maintain safety management systems. Owners or operators of other distribution systems may choose to implement and maintain safety management systems as an alternative to complying with regulations 25 to 28. Regulations 30 to 40 set out requirements and other matters relating to safety management systems.

30 Who must have safety management system

(1)

Every owner and every operator of a gas supply system must implement and maintain an audited safety management system if the gas supply system—

(a)

is a distribution system, a gas installation, fittings, or a gas appliance that forms part of a system for conveying gas to consumers; and

(b)

typically measures, or is intended to measure under normal operating conditions, annual consumption greater than 10 terajoules of gas per year.

A person is opted-in to comply with the requirements of these regulations about safety management systems for the period commencing on the date when a declaration is made under regulation 31 and ending on the date when the declaration is revoked.

(4)

Once an owner or operator has opted in, that owner and operator must implement and maintain an audited safety management system.

(5)

This regulation does not require a safety management system in respect of a gas measurement system on a gas transmission system.

31 How person opts in

(1)

An owner or operator of a distribution system who is not required to have an audited safety management system by regulation 30(1) may opt in to comply with the requirements of these regulations about safety management systems by making a declaration to WorkSafe.

(2)

A declaration may be revoked in the same manner as it was made.

Regulation 31(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

32 What safety management systems must do

(a)

(b)

Nothing in regulations 33 and 34 applies to safety management systems that comply with NZS 7901.

(3)

Every safety management system must include an audit programme that complies with regulations 35 to 38.

33 Substantive requirements of safety management systems

Every safety management system must provide for the following:

(a)

the systematic identification of existing and new or potential hazards associated with the gas supply system, if possible before, and otherwise as, the hazards arise; and

(b)

the assessment by the safety management system operator, at appropriate regular intervals, of the scope and magnitude of each hazard; and

(c)

the steps that must be taken to eliminate, isolate, or minimise hazards (both generally and with respect to particular hazards), and to mitigate risks from those hazards; and

(d)

the assessment of the effectiveness of steps taken to eliminate, isolate, or minimise hazards and to mitigate risks from hazards; and

(e)

the investigation of accidents that involve or affect the gas supply system or the part of the gas supply system in which the safety management system operator is involved; and

(f)

how the safety management system operator proposes to enhance continuously the safety performance of the gas supply system, including performance measurement through key performance indicators as specified in NZS 5258, internal audits, management reviews, and incident reviews; and

(g)

an audit programme setting out the intervals at which audits must be carried out.

34 Documentation of safety management systems

(1)

Every safety management system must be fully documented, and the documentation must include, at a minimum, a description of the following:

(a)

the gas supply system (including its components) to which the safety management system relates:

(b)

The documentation of the safety management system must be in a format and style that enable anyone auditing it to read and understand it easily.

35 Audit of safety management systems

(1)

Every safety management system must be regularly audited to confirm whether—

(a)

the safety management system complies with NZS 7901 or regulations 33 and 34, as appropriate; and

(b)

the safety management system operator is implementing and maintaining the safety management system as written; and

(c)

the effect of the safety management system is to prevent, so far as is reasonably practicable, the gas supply system from presenting a significant risk of—

(i)

serious harm to any member of the public; or

(ii)

significant damage to property owned by a person other than the safety management system operator.

(2)

Every audit must be conducted by an accredited auditor.

(3)

The first audit under this regulation of a safety management system must take place before 4 May 2013, and thereafter at intervals determined by the auditor but at least once every 5 years.

(4)

However, the first audit under this regulation of a safety management system for a gas supply system that does not exist on 4 May 2010 may be deferred until 1 year after the date that the gas supply system becomes operational.

Regulation 35(1)﻿(c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

36 Audit certificate for safety management systems

(1)

If an accredited auditor is satisfied of the matters in regulation 35(1), the auditor may issue an audit certificate for the safety management system.

(2)

The audit certificate must specify the period for which it is issued, which may be up to 5 years.

(3)

The audit certificate comes into force on and from the date it is issued and remains current for the period for which it is issued, unless earlier cancelled.

37 Statutory declaration by safety management system operator

(1)

Every safety management system operator must, at least once every 5 years, make, and send to WorkSafe, a statutory declaration that confirms that the operator’s safety management system has an audit certificate that has been issued under regulation 36 and that is still in force.

(2)

However, the first statutory declaration made under this regulation must be made and sent to WorkSafe within 6 months after the first audit of the safety management system.

Regulation 37(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 37(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

38 Cancellation of audit certificate

(1)

An accredited auditor must cancel an audit certificate—

(a)

within 10 working days of completing an audit, if the accredited auditor is satisfied that the safety management system, or its implementation by the safety management system operator, does not meet the requirements referred to in regulation 35(1); or

(b)

within 10 working days of receiving a notice from WorkSafe requiring the accredited auditor to cancel the certificate on the grounds that WorkSafe is satisfied that the audited safety management system is not being implemented.

(2)

On cancelling an audit certificate, the accredited auditor must, within 10 working days of cancellation, issue a notice of cancellation to the safety management system operator and give a copy of the notice of cancellation to WorkSafe.

Regulation 38(1)﻿(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 38(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

39 Certification and declaration deemed to be compliance with section 46A of Act

(1)

For the purpose of section 46A of the Act, a person is deemed to be implementing and maintaining a safety management system if—

(a)

the person holds a current audit certificate in respect of an audited safety management system; and

(b)

WorkSafe has received the statutory declaration required by regulation 37 within the time required by that regulation.

Part 5 Safety of installations

Part 5: replaced, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Certified designs for gas installations

Heading: replaced, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

43 Certified designs

(1)

A design for a gas installation or part installation is a certified design if—

(a)

it identifies the location or proposed location of the gas installation or part installation; and

(b)

it identifies the standards (if any) with which the gas installation or part installation, or proposed gas installation or part installation, complies or is intended to comply; and

(c)

the person who prepared the design signs and dates it.

(2)

A certified design for a gas installation or part installation must be such that, if it is installed, tested, and connected in accordance with the design, the resulting installation or part installation will—

(a)

comply with these regulations; and

(b)

A person who installs, tests, or connects a gas installation or part installation to which a certified design relates is entitled (if acting in good faith) to rely on the design as ensuring that, if the gas installation or part installation is installed, tested, and connected in accordance with the design, the resulting gas installation or part installation will comply with subclause (2).

(4)

Every person commits an offence and is liable on conviction to a level 2 penalty if the person—

(a)

falsely certifies a design for a gas installation or part installation; or

Rules for gas installations

Heading: replaced, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

44 Safety of gas installations

(1)

Every person who designs, installs, tests, commissions, or connects a gas installation or part installation must design, install, test, commission, and connect the gas installation or part installation in accordance with any applicable certified design and whichever of the following applies:

(a)

AS/NZS 5601.1; or

(b)

AS/NZS 5601.2.

(2)

If a gas installation or part installation does not comply with either sections 3 to 6 of AS/NZS 5601.1 or sections 3 to 9 of AS/NZS 5601.2, any person who installs, tests, commissions, or connects the installation or part installation must do so in accordance with a certified design.

(3)

Every person who supplies or intends to supply an imported gas installation to a retailer or consumer must, before supplying the gas installation, ensure that it complies with the requirements of section 2 of whichever of the following applies:

(a)

AS/NZS 5601.1; or

(b)

AS/NZS 5601.2.

(4)

However, subclauses (1) and (3) do not apply in relation to CNG stations.

(5)

For the purposes of subclauses (1) to (3),—

(a)

despite anything to the contrary in AS/NZS 5601.1, a gas installation that has a design capacity to consume 60 000 megajoules or more of gas per hour need not meet the requirements of paragraph 8 of clause 2.6.2, or paragraph 7 of clause 2.6.6, of AS/NZS 5601.1; and

(b)

despite anything to the contrary in AS/NZS 5601.2, a gas installation does not fail to be a gas installation to which AS/NZS 5601.2 applies by reason only that it receives gas at a supply pressure of more than 3 kilopascals.

(6)

Every person who breaches the requirements of subclause (1), (2), or (3) is liable on conviction to a level 2 penalty.

(a)

(b)

(c)

(d)

in the case of a gas installation or part installation that does not comply with sections 3 to 6 of AS/NZS 5601.1 or sections 3 to 9 of AS/NZS 5601.2 (as applicable), in accordance with the verification or testing process set out in the certified design for the gas installation or part installation.

(2)

Every person who fails to test gasfitting work as required by this regulation commits an offence and is liable on conviction to a level 2 penalty.

Certifying gasfitting work

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

46 Requirement for certificate of compliance

(1)

A certificate of compliance must be issued in accordance with these regulations for all general and high-risk gasfitting work done on a gas installation or part installation (other than gasfitting work that comprises the connection of a gas installation or part installation to a gas supply).

(2)

A person who does low-risk gasfitting work may, but is not obliged by these regulations to, issue a certificate of compliance for that work.

(3)

No general or high-risk gasfitting work may be treated as complete until a certificate of compliance is issued for it.

(4)

For the purposes of issuing a certificate of compliance for gasfitting work done on a gas installation or part installation, or for issuing a gas safety certificate for a gas installation or part installation, the person issuing the certificate is entitled (if acting in good faith) to rely on the veracity of any certificates of compliance issued in respect of gasfitting work done on the installation or any part of the gas installation, and on the veracity of any equivalent certificate issued under these regulations before 1 July 2013.

(5)

Subclauses (1) and (3) do not apply in relation to general or high-risk gasfitting done on a gas installation or part installation if—

(a)

the owner or operator of the installation has a maintenance management system in place for the gas installation; and

(b)

the maintenance management system ensures that information required by regulation 48 to be on a certificate of compliance for the work is recorded in relation to all general and high-risk gasfitting done on the gas installation.

(i)

(ii)

(b)

(c)

include in or on it the authentication mark, as specified in regulation 85B; and

(d)

have attached to it a copy of any manufacturer’s instructions and certified designs used in the course of the gasfitting work.

(2)

For the purposes of a certificate of compliance, gasfitting work on a gas installation or part installation has been done lawfully and safely if—

(a)

the work has been done as required by these regulations; and

(b)

the testing required by these regulations has been satisfactorily completed; and

(c)

the gas installation or part installation on which the work was done is safe; and

(d)

the work has not adversely affected the safety of—

(i)

the gas installation on which the work was done, or any part of that installation; or

(ii)

any fittings that form part of the gas installation on which the work was done.

(3)

If it is impractical to attach a copy of a particular manufacturer’s instructions, or of any certified design, to a certificate of compliance, the certificate must instead contain a reference to where the documents can be found, in a readily accessible format, through electronic means.

48 Information recorded on certificate of compliance

(a)

whether the work has been done in accordance with sections 3 to 6 of AS/NZS 5601.1 or in accordance with sections 3 to 9 of AS/NZS 5601.2:

(b)

whether the work has been done in accordance with the certified design for the gas installation or part installation:

(c)

if the work was required to comply with standards in addition to AS/NZS 5601.1 or AS/NZS 5601.2 (as applicable), which standards were complied with:

(d)

whether the work done relied on any manufacturer’s instructions:

(e)

the type of gas that the gas installation or part installation is safe to connect to:

(f)

the gas pressure that the gas installation or part installation is safe to connect to:

(g)

which parts of the gas installation, if any, are safe to connect to a gas supply.

(2)

Every certificate of compliance must also—

(a)

identify the location of the gas installation or part installation on which gasfitting work was done; and

(b)

describe the gasfitting work done and, if different gasfitting work was done by different people, who did what; and

(c)

give the name of the person issuing the certificate and his or her registration number (if any); and

(d)

give the name and registration number (if any) of any person who did any of the gasfitting under the supervision of the person issuing the certificate; and

(e)

give the date or dates on which the work was done, or the period within which it was done; and

(f)

be signed and dated by the person issuing the certificate.

(3)

If the person who issued the certificate is acting under an employer licence, the person must give the employer licence number instead of his or her registration number (if any).

(4)

The certificate must also give the following information in the circumstances described:

(a)

where the certificate is given for work done under the exemption in section 22 of the Plumbers, Gasfitters, and Drainlayers Act 2006, the name of the industrial premises concerned, and the name of the person for the time being in charge of the industrial plant on those premises:

(b)

where the certificate is given for work done under the exemption in section 23 of the Plumbers, Gasfitters, and Drainlayers Act 2006, the name of the gas operator supplying gas to the premises and the name of the person who, on behalf of that operator, gave the approval required by the exemption.

(5)

A person issuing a certificate of compliance may include any additional information on the certificate (such as, for example, testing results).

49 Who may issue certificate of compliance

A person may issue a certificate of compliance for particular gasfitting work only if,—

(a)

in all cases except those described in paragraphs (b) to (d),—

(i)

the person either did the work, or supervised the person who did the work; and

(ii)

the person is authorised by the Board to certify gasfitting work of that kind; or

(b)

in the case of gasfitting work carried out under an employer licence, the person did or supervised the work and is authorised to certify the work under the system of operation used by the employer; or

(c)

in the case of gasfitting work described in section 22 of the Plumbers, Gasfitters, and Drainlayers Act 2006, by a person identified in the system of operation required by that section as a person authorised to certify the work; or

(d)

in the case of gasfitting work described in section 23 of the Plumbers, Gasfitters, and Drainlayers Act 2006, by the person approved by the gas operator to do the work.

Connection to gas supply after gasfitting work

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

51 Connecting gas installations to gas supply

(1)

Before a person connects a gas installation or part installation on which gasfitting work has been done to a gas supply, the person doing the connection or, if subclause (5) applies, the supervisor must—

(a)

be satisfied that the installation or part installation is safe to connect; and

(b)

be satisfied that the testing required by these regulations has been done; and

(c)

if a certificate of compliance is required for the work, either issue or sight a certificate of compliance issued no earlier than 6 months before the gas installation or part installation is connected; and

(d)

ensure that the connection is safe; and

(e)

ensure that the gas type and the gas supply pressure are compatible with the gas supply; and

(f)

ensure that any safety devices associated with the supply are correctly rated and operational; and

(g)

if the gas installation or part installation is an imported gas installation or part installation, ensure that it complies with the requirements of section 2 of AS/NZS 5601.1 or section 2 of AS/NZS 5601.2 (as applicable).

(2)

Immediately after a gas installation or part installation has been connected to a gas supply, the person doing the connection or, if subclause (5) applies, the supervisor must ensure that the gas installation is operating in a safe manner.

(3)

If the person who connects a gas installation or part installation or, if subclause (5) applies, the supervisor has not done the testing required by these regulations personally, that person or the supervisor must sight documentation, signed by the person who did the tests, that sets out what tests were carried out and what the results were.

(4)

A person who undertakes or, if subclause (5) applies, supervises the connection of a gas installation or part installation is entitled (if acting in good faith) to rely on the veracity of any certificates of compliance relating to gasfitting work done on the gas installation or part installation, and on the veracity of any equivalent certificate issued under these regulations before 1 July 2013.

(5)

This subclause applies if the connection is to be done on industrial premises that have a design capacity for energy consumption by gas installations of more than 60 000 megajoules per hour (seesection 22 of the Plumbers, Gasfitters, and Drainlayers Act 2006).

(6)

In this regulation, supervisor means a person who is authorised to supervise work on industrial premises described in subclause (5).

Reconnection when no general or high-risk gasfitting work done

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

52A Reconnecting or restoring gas supply to certain gas installations

(1)

This regulation applies to a gas installation or part installation—

(a)

that has been disconnected or isolated from a gas supply; and

(b)

on which no general or high-risk gasfitting work has been done since the last disconnection or isolation; and

(c)

that is not an imported gas installation or part installation that is being connected for the first time in New Zealand to a gas supply.

(2)

If the period since the last disconnection or isolation of the gas installation or part installation is more than 6 months, the person proposing to reconnect or restore supply must, before doing so, give or sight a certificate issued in accordance with NZS 5255 that—

(a)

was issued no earlier than 6 months before the date of reconnection or restoration of supply; and

(b)

certifies that the gas installation or part installation is suitable for continued use; and

(c)

was given by a person authorised by the Board to certify gasfitting work of that kind.

(3)

A person reconnecting or restoring gas supply to a gas installation or part installation is entitled (if acting in good faith) to rely on a written confirmation by the owner of the gas installation or part installation that no general or high-risk gasfitting work has been done on it since it was last disconnected or isolated.

(4)

After reconnecting or restoring a gas supply in accordance with this regulation, the person doing the reconnection or restoring must ensure that the gas installation or part installation is operating in a safe manner.

(5)

If the person is not satisfied that the gas installation or part installation is operating in a safe manner, the person must immediately disconnect the gas installation or part installation from the gas supply.

(6)

Every person commits an offence and is liable on conviction to a level 2 penalty who—

(a)

connects or restores gas supply to an installation or part installation without first complying with subclause (2); or

Certifying gas installations

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

52B Gas safety certification

(1)

After gasfitting work on a gas installation or part installation has been completed, the person doing the connection or, if that person is acting under supervision, the supervisor, must issue a gas safety certificate for the gas installation or part installation if the person issuing the certificate is satisfied that—

(a)

the gas installation or part installation is safe to use, on the grounds that it is safe and complies with these regulations; and

(b)

where the gasfitting work comprised the maintenance or alteration of, or addition to, the gas installation or part installation, the work has not adversely affected any other part of the gas installation.

(2)

For the purpose of subclause (1), if a gas installation or part installation was disconnected from a gas supply while the gasfitting work was done, the work is complete only once the installation or part installation is connected or reconnected to a gas supply.

(3)

A gas safety certificate must—

(a)

include a statement that the person issuing it is satisfied that the gas installation is connected to a gas supply and is safe to use; and

(b)

clearly state whether the gas safety certificate relates to the whole of the gas installation or just to specified parts of it; and

(c)

identify the location of the installation or part installation to which it relates; and

(d)

include or have on it the authentication mark, as specified in regulation 85B; and

(e)

give the date on which the connection was done; and

(f)

be signed and dated by the person who did the connection; and

(g)

give the name and registration number of the person who did the connection or, if that person was acting under an employer licence, the employer’s licence number; and

(h)

in the circumstances described in regulation 48(4), give the information required by paragraphs (a) and (b) of that provision, as applicable.

(4)

If gasfitting work is done without disconnecting the gas supply, the references in subclause (3)﻿(e) to (g) to connection must be taken to be references to the completion of the work.

(5)

A gas safety certificate issued for a gas installation or part installation is, for the purposes of section 19(1)﻿(e) of the Building Act 2004, a certificate that confirms that any gasfitting work done on the gas installation or part installation complies with the building code.

52C Obligation to disconnect if requirements for certification not met

(1)

If a person who proposes to issue a gas safety certificate in respect of the installation or part installation cannot do so because he or she is not satisfied of either or both the matters set out in regulation 52B(1), the person must immediately disconnect the installation or part installation from the gas supply.

(2)

Every person who fails to comply with subclause (1) commits an offence and is liable on conviction to a level 2 penalty.

52E Time when gas safety certificate to be issued

A person who issues a gas safety certificate for a gas installation or part installation on which gasfitting work has been done must do so as soon as practicable after the gas installation or part installation is connected to a gas supply, but in any case no later than 20 working days after connection.

Record-keeping

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

52G What happens to certificates of compliance

(1)

In this regulation, responsible person, in relation to a certificate of compliance, means—

(a)

the person who issued it; or

(b)

if the person who issued the certificate of compliance was acting under an employer licence, the holder of the employer licence; or

(c)

if the certificate was for work done under the exemption in section 22 of the Plumbers, Gasfitters, and Drainlayers Act 2006, the person for the time being in charge of the industrial premises; or

(d)

if the certificate was for work done under the exemption in section 23 of the Plumbers, Gasfitters, and Drainlayers Act 2006, the gas operator.

(2)

The responsible person must provide a copy of the certificate of compliance for gasfitting work to the person who contracted for the work to be done or, if that person is not readily available, to the occupier or owner of the place or thing in which the gas installation or part installation is located.

(3)

The responsible person must retain a copy, whether in hard copy or electronically, of every certificate of compliance for at least 7 years.

(4)

A responsible person must, on request by any of the following, provide a copy of the certificate to the requester within 10 working days after the request:

(a)

WorkSafe:

(b)

the Board:

(c)

the Registrar:

(d)

the territorial authority of the place where the gasfitting work was done:

(e)

the person who contracted for the work to be done:

(f)

the owner or occupier of the place or thing in which the gas installation or part installation is located.

(5)

The owner or operator of a gas installation to which regulation 46(5) applies must, on request by any of the following, provide a copy of the information required under regulation 48, or specified parts of that information, to the requester within 10 working days after the request:

(a)

WorkSafe:

(b)

the Board:

(c)

the Registrar:

(d)

the territorial authority of the place where the installation is located.

(6)

Nothing in this regulation prevents a person who issues a certificate of compliance from retaining a copy of the certificate, even if he or she is not the responsible person.

Regulation 52H(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

52I What happens to gas safety certificates

(1)

A person who issues a gas safety certificate must—

(a)

provide a copy of it, within 20 working days after it is issued, to the person who contracted for the gasfitting work or, if that person is not readily available, to the owner or occupier of the place or thing in which the gas installation or part installation is located; and

(b)

retain a copy, whether in hard copy or electronically, for at least 7 years.

(2)

A person who issues a gas safety certificate must, on request by any of the following, provide a copy of the certificate to the requester within 7 working days after the request:

(a)

WorkSafe:

(b)

the Board:

(c)

the Registrar:

(d)

the territorial authority of the place where the gas installation is located:

(e)

the person who contracted for the work to be done:

(f)

the owner or occupier of the place or thing in which the gas installation or part installation is located.

(3)

The owner or operator of a gas installation to which regulation 52D applies must, on request by any of the following, provide a copy of the information required under regulation 52B(3), or specified parts of that information, to the requester within 7 working days after the request:

(a)

WorkSafe:

(b)

the Board:

(c)

the Registrar:

(d)

the territorial authority of the place in which the installation is located.

Miscellaneous

Heading: inserted, on 1 July 2013, by regulation 13 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

52K Location of installations

For the purpose of identifying on a certified design, certificate of compliance, gas safety certificate, or an endorsement under regulation 57(4) the location of a gas installation or part installation, location means,—

(a)

for a gas installation or part installation in a permanent location,—

(i)

if the location has a street address, the street address and, if applicable, the place at that street address where the gas installation or part installation is located; and

(ii)

if the location does not have a street address, a description of the place along with some form of specific identification of the location (such as its GPS co-ordinates); or

(b)

for a specified caravan or boat, a unique identifier (such as a chassis number); or

(c)

for a gas installation or part installation in a thing that will be, but is not yet, in a permanent location, a unique identifier fixed to the thing for the purpose of identifying the location of the gas installation or part installation.

Part 6 Safety of gas appliances and fittings

Safety of gas appliances and fittings

53 Gas appliances and fittings to be safe

(1)

Every gas appliance and all fittings, whether new or used, that are sold or offered for sale must be safe.

(2)

Every person who manufactures, imports, sells or offers to sell, hires or leases out, or installs a gas appliance or fittings must ensure, so far as is reasonably practicable, that the gas appliance or fittings are safe.

(3)

In subclause (2), a gas appliance or fittings includes a gas appliance and fittings that are imported as part of an installation (for example, as part of an imported caravan).

(4)

A person who fails to comply with subclause (2) commits an offence and is liable on conviction to a level 2 penalty.

(a)

(b)

The importer or manufacturer of the gas appliance or specified fittings must ensure that, before the appliance or fittings are sold or offered for sale in New Zealand, the appliance or fittings are certified in accordance with regulation 55.

(4)

An importer or manufacturer that fails to comply with subclause (3) commits an offence and is liable on conviction to a level 2 penalty.

(5)

A person who sells or offers to sell a gas appliance or specified fittings to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if the person—

(a)

knows that the appliance or fittings are not certified as required by subclause (3), or is reckless as to that matter; or

(b)

knows that any purported certification of the appliance or fittings is false, or is reckless as to that matter.

A gas appliance and specified fittings are certified for the purposes of regulation 54(3) if—

(a)

the appliance or fittings are certified by a body specified in clause 1 of Schedule 2A; and

(b)

the body certifies the appliance or fittings to the standard, and complying with any conditions, specified in Schedule 2A for that body and that type of appliance or fittings; and

(c)

the certification was valid at the time the appliance or fittings were manufactured in, or imported into, New Zealand.

(2)

However, in the case of specified fittings for which WorkSafe, under regulation 64, has specified an alternative time at which the certification must be valid, the certification must be valid at that time and subclause (1)﻿(c) does not apply.

Regulation 55(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

56 Offence by certification body

A body specified in clause 1 of Schedule 2A commits an offence and is liable on conviction to a level 2 penalty if the body certifies a gas appliance or specified fittings, knowing that the appliance or fittings do not meet the certification requirements set out in Schedule 2A, or being reckless as to that matter.

(a)

of which there are 21 or fewer supplied in New Zealand per year; or

(b)

that is a new or used gas appliance that forms part of an imported new or used gas installation.

(3)

The importer or manufacturer of the small production appliance or specified fittings may, instead of complying with regulation 54(3), ensure that, before the appliance or fittings are sold or offered for sale in New Zealand, the appliance or fittings are endorsed by an approved practitioner.

(4)

An endorsement must include the following:

(a)

the full name and New Zealand address of the manufacturer or importer of the appliance or fittings; and

(b)

the full name of the approved practitioner giving the endorsement; and

(c)

a statement identifying the appliance or fittings covered by the endorsement; and

(d)

a statement that, in the opinion of the approved practitioner, the appliance or fittings comply with these regulations and NZS 5266; and

(e)

if the appliance or fittings are endorsed as part of a gas installation,—

(i)

the street address of the installation; or

(ii)

if the location of the installation does not have a street address, a description of the place along with some form of specific identification of the location (such as its GPS co-ordinates); or

(iii)

if the installation is on a vehicle (including a boat or caravan), a unique identifier for that vehicle; and

(f)

the type of gas that the appliance or fittings can safely use.

(5)

A copy of every endorsement—

(a)

must be sent to WorkSafe within 10 working days of a request being made by WorkSafe; and

(b)

must be given to the owner or purchaser of the appliance or fittings covered by the endorsement.

(6)

Regulations 54 and 72 do not apply to an appliance or fittings endorsed in accordance with this regulation.

Regulation 57(5)﻿(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

58 Offences in relation to endorsement regime

(1)

Every person commits an offence and is liable on conviction to a level 2 penalty who issues an endorsement under regulation 57 when that person is not an approved practitioner.

(2)

Every person commits an offence and is liable on conviction to a level 1 penalty who issues an endorsement under regulation 57 knowing that the gas appliance or specified fittings endorsed do not meet the requirements of that regulation, or being reckless as to that matter.

(3)

Every person commits an offence and is liable on conviction to a level 1 penalty who installs or connects a gas appliance or fittings that have an endorsement under regulation 57 while knowing that the gas appliance or fittings do not meet the requirements for endorsement under regulation 57, or being reckless as to that matter.

59 Approved practitioner regime

(1)

WorkSafe, on application made on the form approved by WorkSafe for the purpose, may grant to the applicant an approval authorising the applicant to issue endorsements for the purposes of regulation 57.

(2)

WorkSafe may not approve an application unless the applicant has qualifications and experience in assessing the safety and suitability of gas appliances and fittings as follows:

(a)

every applicant must have demonstrated competence, technical knowledge, and relevant experience to assess the suitability of appliances in 1 or more of the cases referred to in regulation 57; and

(b)

every applicant must have relevant business structures and arrangements including liability insurance; and

(c)

every applicant for approval to issue endorsements—

(i)

must demonstrate sound understanding and knowledge of the relevant means of compliance with standards; and

(ii)

must be able to undertake or assess testing and commissioning of the appliance or fitting.

(d)

[Revoked]

(3)

WorkSafe may grant an approval subject to any terms and conditions that WorkSafe thinks fit, and may revoke an approval at any time.

(4)

WorkSafe must publish and maintain a list of approved practitioners on the Internet site at all reasonable times.

(5)

Every person commits an offence and is liable on conviction to a level 2 penalty if that person issues an endorsement other than in accordance with the terms and conditions of the grant of approval by WorkSafe under this regulation.

Regulation 59(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 59(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Declared and prohibited articles

60 Declared articles not to be offered for sale unless approved

(1)

WorkSafe may, by notice in the Gazette, declare that particular types or categories of gas appliances or fittings are declared fittings or appliances (in this regulation and regulations 61 and 62, declared articles).

(2)

A declared article may not be offered for sale in New Zealand unless—

(a)

it is approved for sale by WorkSafe under regulation 61 and all conditions of the approval are complied with; or

(b)

it is deemed, under regulation 62, to be approved by WorkSafe, and all conditions of the approval are complied with.

(3)

A person who offers a declared article for sale in New Zealand commits an offence and is liable on conviction to a level 2 penalty if—

61 Approval by WorkSafe of declared articles

Any person may apply to WorkSafe for approval to offer a declared article for sale in New Zealand by applying in a form prescribed by WorkSafe and paying the prescribed fee set out in Schedule 5.

(2)

WorkSafe may refer the application to an experienced person for advice on compliance by the declared article with safety requirements.

(3)

WorkSafe must notify the applicant in writing of his or her decision, and must notify the applicant of any conditions of the approval imposed by WorkSafe.

(4)

WorkSafe may, on giving 7 days’ notice in writing to the applicant,—

(a)

vary or withdraw the approval; or

(b)

vary or revoke any condition, or specify any additional conditions, to which the approval is subject.

Regulation 61 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 61(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 61(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 61(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 61(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

62 Deemed approval by WorkSafe of declared articles

(1)

A declared article is deemed to have the Secretary’s approval to be offered for sale in New Zealand if the article—

(a)

is approved or certified by an organisation or agency, or under a programme or regime, recognised by WorkSafe under subclause (3); and

(b)

complies, as required, with any conditions of the approval or certification.

(2)

The conditions of approval must include a requirement for a supplier declaration to be made and must set out the information that must be included in that declaration.

(3)

WorkSafe may, by notice in the Gazette, recognise an organisation or agency, or a programme or regime of compliance, for the purposes of subclause (1).

(4)

WorkSafe may, by notice in the Gazette, specify conditions to which a deemed approval is subject.

(5)

WorkSafe may, by notice in the Gazette,—

(a)

vary or withdraw any deemed approval; or

(b)

vary or revoke any conditions, or specify additional conditions, to which the deemed approval is subject.

(6)

A notice given under subclause (4) takes effect on the seventh day after the date of notification in the Gazette.

Regulation 62 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 62(1)﻿(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 62(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 62(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 62(5): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

63 Prohibition and control of unsafe gas appliances and fittings

(1)

The manufacture, importation, sale (including an offer to sell), or use (including installation) of any gas appliance or fittings is prohibited if—

(a)

WorkSafe believes on reasonable grounds that the appliance or fittings are or may be unsafe (having regard to the tests, standards, and safety criteria prescribed by these regulations); and

(b)

a prohibition notice in respect of that appliance or fittings has effect under subclause (3).

(2)

The installation of a gas appliance or any fittings used or intended to be used in the application of gas is controlled if—

(a)

WorkSafe believes on reasonable grounds that the appliance or fittings are or may be unsafe; and

(b)

a control notice in respect of the appliance or fittings has effect under subclause (3).

(3)

A prohibition or control under this regulation—

(a)

must be made by notice in the Gazette given by WorkSafe; and

(b)

takes effect on and from the date specified for the purpose in the notice, which date must be later than the date of publication of the notice in the Gazette; and

(c)

must adequately describe the gas appliance or fittings being prohibited or controlled; and

(d)

may, in the case of a control, be subject to any conditions in respect of the installation of the gas appliance or fittings that are specified in the control notice; and

(e)

must give brief reasons for the belief that the gas appliance or fittings are or may be unsafe.

(4)

Where WorkSafe knows the New Zealand address of the manufacturer, importer, seller, or user concerned, WorkSafe must give notice of the prohibition or control to that person before the date specified in the notice in the Gazette as the date on which the prohibition or control takes effect.

(5)

A notice under this regulation may be varied or revoked in the same manner as it was made.

(6)

A person commits an offence and is liable on conviction to a level 2 penalty if the person manufactures, imports, sells, installs, or uses any gas appliance or fittings contrary to a prohibition or control under this regulation.

Specified fittings

64 Specified fittings

(1)

WorkSafe may, by notice in the Gazette, specify fittings that must not be offered for sale, or that must not be installed as part of a gas installation, before those specified fittings have been certified under regulation 54 or endorsed by an approved practitioner under regulation 57.

66 Manufacturer or importer must make supplier declaration

(1)

This regulation applies to—

(a)

all persons who manufacture in New Zealand gas appliances or fittings referred to in regulation 65; and

(b)

all importers of gas appliances or fittings referred to in that regulation (including gas appliances or fittings that are imported as part of an installation, for example, as part of an imported caravan).

(2)

Every person to whom this regulation applies must, before that person supplies, or offers for sale, in New Zealand a gas appliance or fittings referred to in regulation 65,—

(a)

make a supplier declaration that relates to the appliance or fittings; and

(b)

publish the declaration on the Internet site.

(3)

Every person commits an offence and is liable on conviction to a level 2 penalty who, being a manufacturer or importer, supplies or offers for sale a gas appliance or fittings referred to in regulation 65 without complying with this regulation.

67 Contents of supplier declaration

(a)

be in a form prescribed for the purpose by WorkSafe (if any) by notice in the Gazette; and

(b)

specify the full name of the manufacturer or importer and the full name of the person making the declaration; and

(c)

specify the full address of the manufacturer or importer and the full address of the person making the declaration (including an email address, if any); and

(d)

identify the gas appliances or specified fittings covered by the declaration; and

(e)

include a statement that the manufacturer or importer has complied with—

(i)

regulations 53 and 71 in relation to all gas appliances covered by the declaration; and

(ii)

regulation 53 in relation to all fittings covered by the declaration; and

(f)

include the details specified by the certification body, including the certificate number, the name of the body, the date of issue, the fuel types that the gas appliance or fittings may safely use, and the date of expiry of the certification; and

Every person commits an offence and is liable on conviction to a level 1 penalty who, being a manufacturer or importer, publishes on the Internet site, or gives to the person to whom a gas appliance or fittings are supplied, a supplier declaration that is false or misleading in a material respect.

(b)

Regulation 69(1)﻿(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 69(1)﻿(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 69(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 69(2)﻿(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

70Installers must check that declaration published or supplied

(1)

[Revoked]

(2)

Every person who installs a gas appliance or fittings in relation to which a supplier declaration is required to be published on the Internet site must, before installing the appliance or fittings, verify that—

(a)

the appliance or fittings are labelled in accordance with regulation 72; or

(b)

a supplier declaration relating to the appliance or fittings has been published on the Internet site.

(3)

Subclause (2) applies to any gas appliance or fittings to which regulation 54 applies.

(4)

Every person who installs a declared article in relation to which a supplier declaration is required to be published on the Internet site must, before installing the declared article, ensure that a supplier declaration relating to the declared article is published.

(5)

Every person commits an offence and is liable on conviction to a level 1 penalty who, being a person to whom this regulation applies, fails to comply with this regulation.

Marking and labelling of gas appliances and fittings

71 Marking of gas appliances

(1)

Every manufacturer or importer of a gas appliance sold or intended for sale must, as a minimum, ensure that the appliance is legibly and clearly marked in the English language in a permanent manner with all of the following:

(a)

the name or registered trade mark or other means of identifying the person responsible, under regulation 66, for making the supplier declaration relating to the appliance; and

(b)

the type or types of gas that the appliance is certified or endorsed to safely use; and

(c)

the gas supply pressure range within which the gas appliance will operate safely; and

(d)

the nominal heat input rating of the gas appliance; and

(e)

a gas safety compliance label (if the gas appliance is required by regulation 72 to have one); and

(f)

the make and either the model or the model number of the gas appliance.

(1A)

However, used appliances other than imported used appliances do not have to be marked with the information required by subclause (1)﻿(a), (e), and (f).

(2)

However, liquified petroleum gas appliances connected to disposable canisters and simple burners of less than 1 kilowatt rating (for example, Bunsen burners and ring burners) do not have to be marked with the information specified in subclause (1)﻿(c) and (d).

(3)

Every person commits an offence and is liable on conviction to a level 2 penalty who sells or offers for sale a gas appliance that is not marked in accordance with this regulation.

(4)

This regulation does not apply to a gas appliance that has the design capacity to consume 60 000 megajoules or more of gas energy per hour.

Every person who manufactures or imports new gas appliances or new specified fittings to which regulation 54 applies must ensure that they are each labelled with a gas safety compliance label before they are available for supply in New Zealand.

(1A)

Every person who supplies or installs a new gas appliance or new specified fittings to which regulation 54 applies must, before supplying or installing the appliance or fittings, check that—

(a)

it is labelled with a gas safety compliance label; or

(b)

a supplier declaration relating to the appliance or fittings has been published on the Internet site.

(2)

A gas safety compliance label—

(a)

must be in the form shown in Schedule 6, with the label no smaller than 15 mm in height; and

(b)

[Revoked]

(c)

must be permanently affixed to the gas appliance in a manner that is clearly visible to the installer; and

(d)

must be legibly and durably applied on the external surface of the gas appliance as near as is possible to the model identification (if there is a model identification), unless this is not possible owing to the size or nature of the product, in which case the label must be placed on the packaging or warranty or instructions for the product; and

(e)

must be reproduced in either red and black, or grey and black, as shown in Schedule 6 (except that variations that replace the grey tone with white outlined with black are acceptable where grey is not practicable); and

(f)

may also be placed on promotional material associated with the product.

(3)

Every person commits an offence and is liable on conviction to a level 1 penalty who—

(a)

affixes a label to a gas appliance or fittings that do not meet the requirements of regulations 53 to 70; or

(b)

installs or supplies a gas appliance or fittings that do not, if required by this regulation to have a label, have a label that complies with this regulation.

(4)

Every person commits an offence and is liable on conviction to a level 2 penalty who—

(a)

marks or labels a gas appliance or fitting with a false or incorrect marking or label relating to the safety of the appliance or fitting; or

(b)

sells or offers to sell a fitting or appliance with a false or incorrect marking or label relating to the safety of that appliance or fitting, knowing, or being reckless as to whether, the marking or label is false or incorrect.

(5)

This regulation does not apply to a gas appliance that has the design capacity to consume 60 000 megajoules or more of gas energy per hour.

Miscellaneous

73 Supply of documents

(1)

Every manufacturer or importer of a gas appliance or specified fittings must, within 10 working days of a request being made by WorkSafe, supply to WorkSafe a document or documents that demonstrate whether the manufacturer or importer has,—

(a)

in the case of a gas appliance, complied with regulations 53, 71, and 72 in relation to the gas appliance; or

(b)

in the case of fittings, complied with regulations 53 and 72 in relation to the fittings.

(2)

The manufacturer or importer must supply, with any document that is supplied, an accurate English translation of the whole or any part of that document if the document or that part is in a language other than English.

(3)

Every person commits an offence and is liable on conviction to a level 2 penalty who, being a manufacturer or importer, fails to supply a document or documents to WorkSafe in accordance with this regulation.

Every person commits an offence and is liable on conviction to a level 1 penalty who, having repaired, modified, or made adjustments to a gas appliance or fittings, returns that gas appliance or fittings to service before ensuring, so far as is reasonably practicable, that the gas appliance or fittings are safe (including complying with subclause (1)﻿(b)) in all reasonably foreseeable circumstances in accordance with this regulation.

75 Responsibilities of persons hiring or leasing out gas appliances, fittings, or gas installations or property or premises containing them

(1)

Every person who hires or leases out, or who offers to hire or lease out, any gas appliance, fittings, or gas installation or any property or premises containing a gas appliance, fittings, or gas installation must ensure, so far as is reasonably practicable,—

(a)

that before hiring, leasing, or offering to hire or lease, the gas appliance, fittings, or gas installation is safe; and

(b)

that the gas appliance, fittings, or gas installation is accompanied by instructions for its safe use, including information on any maintenance or ongoing safety inspections that are required.

(2)

For the purpose of subclause (1)﻿(a),—

(a)

a gas appliance, fittings, or gas installation is deemed safe for the purposes of hire or lease at the commencement of its hire or lease if it is assessed as not unsafe under NZS 5256:

(b)

a gas appliance, fittings, or gas installation contained in property or premises for hire or lease is deemed safe for the purposes of hire or lease at the commencement of the hire or lease if it is assessed as not unsafe under NZS 5255.

(3)

Every person commits an offence and is liable on conviction to a level 2 penalty who hires or leases out, or offers to hire or lease out, any gas appliance, fittings, or gas installation or premises or property containing a gas appliance, fittings, or gas installation knowing that this regulation has not been complied with, or being reckless as to that matter.

(4)

This regulation does not apply to the hiring or leasing out by a landlord of residential premises containing a gas appliance, fittings, or gas installation.

A landlord of residential premises must not provide any gas appliance, fittings, or gas installation under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation is unsafe.

(2)

A landlord of residential premises must not allow any person to use a gas appliance, fittings, or gas installation provided by the landlord under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation is unsafe.

(3)

For the purposes of subclauses (1) and (2), a gas appliance, fittings, or gas installation is deemed safe for the purposes of the residential tenancy at the commencement of the tenancy if it is assessed as not unsafe under NZS 5255.

(4)

A landlord of residential premises must provide the occupier with adequate instructions for the safe use of any gas appliance, fittings, or gas installation provided under or in connection with a residential tenancy.

(5)

A landlord commits an offence and is liable on conviction to a level 2 penalty who provides a gas appliance, fittings, or gas installation under or in connection with a residential tenancy, or allows another person to use a gas appliance, fittings, or gas installation that is provided under or in connection with a residential tenancy, knowing that, or being reckless as to whether, the gas appliance, fittings, or gas installation is unsafe.

(6)

In this regulation and regulation 75, landlord has the meaning given to it in section 2(1) of the Residential Tenancies Act 1986.

Part 7 CNG

Measurement

76 Measurement of CNG

CNG sold from any CNG station must meet the requirements of this regulation, unless there is an agreement in writing to the contrary between the seller and the purchaser.

(2)

CNG gas measurement systems of CNG stations must—

(a)

meter gas by mass:

(b)

provide a clear indication of quantity in kilograms and price per kilogram, and of total price in dollars:

(c)

prevent delivery of CNG during the operation of the reset mechanism:

(d)

be provided with a means of sealing the calibration unit:

(e)

for all reasonably expected variations in ambient conditions, gas supply temperatures, pressure and composition, and electrical supply, and for all reasonably expected electrical supply interference, not exceed a margin of error of—

(i)

plus or minus 2% immediately after calibration, and a further plus or minus 1% at subsequent times while in service, for quantities over 5 kilograms; or

(ii)

plus or minus 0.1 kilograms immediately after calibration, and a further plus or minus 0.05 kilograms at subsequent times while in service, for quantities of 5 kilograms or less.

(3)

Compliance with Division 3.3 of NZS 5425.3 is deemed to be compliance with subclause (2).

(4)

Every person who owns a gas measurement system used to measure the supply of gas to consumers must ensure that adequate records are kept so that the accuracy requirements of subclause (2) are met in relation to that system.

(5)

Compliance with NZS 5259 is deemed to be compliance with subclause (4).

(6)

Every person commits an offence and is liable on conviction to a level 2 penalty who sells gas otherwise than in accordance with this regulation.

77 Testing and installation of CNG gas measurement systems

(1)

This regulation applies to any CNG gas measurement system of a CNG station that has been subject to servicing on-site and that may suffer alteration to calibration while subsequently in service.

(2)

The operator of a gas measurement system to which this regulation applies must ensure, before putting the system into service, that the system has been tested by a competent organisation to determine the system’s accuracy, and has been sealed by the same competent organisation following confirmation that the system complies with regulation 76(2)﻿(e).

(3)

Any gas measurement system that does not pass the test carried out in accordance with subclause (2) must not be sealed, and any seal that may have been placed on the system must be removed or destroyed.

(4)

If a test has been carried out in accordance with subclause (2) and the gas measurement system or a part of the system has been transported before being put into service, the owner of the gas measurement system must ensure that the calibration of the system is unaffected by that transportation before putting that system into service.

(5)

A record of the results of each test carried out in accordance with subclause (2) must be kept by—

(a)

the competent organisation that carried out the test; and

(b)

the operator of the gas measurement system tested.

(6)

The records kept by the operator of a gas measurement system under subclause (5)﻿(b) must be retained by that operator for the period of that operator’s right to operate that gas measurement system, and must be kept at the site where the system is located.

(7)

Every person commits an offence and is liable on conviction to a level 2 penalty who fails to comply with this regulation.

Requirements for CNG station safety

78 Particular requirements for CNG stations

(1)

This regulation applies to every person who owns or installs a CNG station.

(2)

Every person to whom this regulation applies must ensure, so far as is reasonably practicable, that the CNG station is designed and installed in a manner that ensures that the station is safe in all reasonably foreseeable circumstances.

(3)

Without limiting subclause (2), a CNG station is not safe if—

(a)

the CNG compressor of the station allows the ingress of air; or

(b)

any refuelling hose or assembly is of a kind that does not prevent electrostatic ignition; or

(c)

any refuelling probe is of a design that does not minimise wear on seals or minimise any other effects that may result in a sudden gas release during refuelling.

(4)

Compliance with NZS 5425.2 is deemed to be compliance with this regulation in relation to a CNG compressor.

(5)

Compliance with NZS 5425.1 is deemed to be compliance with this regulation in relation to a fast-fill CNG station.

(6)

Compliance with NZS 5425.4 is deemed to be compliance with this regulation in relation to a trickle-fill CNG station.

(7)

Subclauses (5) and (6) are subject to subclause (4).

(8)

Every person commits an offence and is liable on conviction to a level 1 penalty who owns or installs a CNG station without complying with this regulation.

82 CNG safety requirements training

Every operator of a CNG station must ensure that vehicles are filled at the station by or in the presence of a person who has received training in the safety requirements specified in Schedule 3.

(2)

WorkSafe may exempt a particular CNG station from the requirements of this regulation if WorkSafe is satisfied that alternative safety procedures or fittings are in place in the CNG station so as to render compliance with those requirements unnecessary in the particular case.

(3)

Every person commits an offence and is liable on conviction to a level 1 penalty who, being an owner or operator of a CNG station, fails to ensure that personnel filling or being present for the filling of vehicles with CNG have received the training required by this regulation.

83 Inspection of CNG stations

(1)

Every owner and every operator of a CNG station must ensure that the CNG station is inspected at least once every 2 years by a competent organisation that has approval to certify the safety of the fittings of the station, and the safety of the operation of the station.

(2)

If an inspection required under subclause (1) is carried out, the CNG station must be used only if the competent organisation certifies the safety of the fittings of the station and issues a certificate in the form set out in Schedule 4.

(3)

Compliance with GCP 2 is deemed to be compliance with subclause (1).

(4)

Every person commits an offence and is liable on conviction to a level 1 penalty who, being an owner or operator of a CNG station, fails to have the installation certified in accordance with this regulation.

(5)

Every competent organisation commits an offence and is liable on conviction to a level 2 penalty that provides a certificate under this regulation if any fittings of the CNG station are not safe.

Part 8 Miscellaneous provisions

Exemptions

85WorkSafe’s power to exempt from requirements

(1)

WorkSafe may exempt any specific gas installation, gas appliance, fittings, person, or thing from any requirement imposed by or under all or any of regulations 16 to 28 and Parts 4, 6, or 7 if WorkSafe is satisfied that safety will be ensured despite the exemption and that the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption.

(2)

WorkSafe may exempt any distribution system, gas installation, fittings, or gas appliances from the provisions of section 46 of the Act if WorkSafe is satisfied that safety will be ensured despite the exemption and that the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption.

(3)

An application for an exemption must—

(a)

specify the precise exemption sought and the reason; and

(b)

demonstrate how safety will be ensured if the exemption is granted; and

(c)

(d)

WorkSafe may refer an application for an exemption to an experienced person in the gas industry for advice.

(5)

Every exemption—

(a)

must be in writing; and

(b)

must specify the period for which it applies; and

(c)

may impose conditions on the exemption.

(6)

WorkSafe may amend or revoke an exemption—

(a)

if the holder of the exemption asks; or

(b)

in order to prevent any danger or potential danger to any person or property, but only after giving the exemption holder at least 20 working days’ notice of the proposed amendment or revocation; or

(c)

if WorkSafe is satisfied that the holder is not complying, or has not complied, with any conditions of the exemption, in which case the amendment or revocation has effect on the date of, or any later date specified in, the Secretary’s notice.

(7)

WorkSafe must give notice of an exemption, and any amendment or revocation of an exemption,—

(a)

to the applicant; and

(b)

if the exemption, amendment, or revocation will materially affect a wider range of persons than the applicant, by notice in the Gazette.

Recording certificate details

Heading: inserted, on 1 July 2013, by regulation 14 of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

85D Database for recording certificate details on Internet site

WorkSafe must ensure that there is included on an Internet site, maintained by or on behalf of WorkSafe, a database that records details of the following, in a manner that enables the information to be accessible in accordance with regulation 85E:

(a)

all certificates of compliance given for high-risk gasfitting work:

(b)

any other certificates as determined by the Secretary.

Regulation 85D: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

85E Access to database

WorkSafe must ensure that the database referred to in regulation 85D is accessible to members of the public at all reasonable times.

(2)

The database must be able to be searched by members of the public only by reference to the location (as defined in regulation 52K) of the relevant gas installation.

(3)

However, WorkSafe must ensure that the Secretary and the Board are able to search the database by reference to whatever search criteria the Secretary determines will best enable the Secretary and the Board to fulfil their functions under the Act and these regulations.

Regulation 85E(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 85E(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

General provisions

86 Issuing of urgent instructions

(1)

In any case of urgency, WorkSafe may issue instructions, orders, or requirements for securing the protection of persons from injuries likely to be caused, directly or indirectly, by the presence, escape, or use of gas.

(2)

Any instruction, order, or requirement issued by WorkSafe must be,—

(a)

if the instruction, order, or requirement is specific to a particular person or persons, by notice in writing to that person or those persons; or

(b)

if the instruction, order, or requirement is of more general application, by notice in the Gazette.

(3)

No instruction, order, or requirement issued under this regulation, whether or not subsequently amended, remains in force later than 6 months after its date of issue.

(4)

WorkSafe may amend or revoke an instruction, order, or requirement in the same manner as it was made.

(5)

Every person commits an offence and is liable on conviction to a level 2 penalty who fails to comply with any instruction, order, or requirement issued under this regulation.

87 Details to be provided in reporting accidents

Any person who notifies WorkSafe of an accident, in accordance with section 17 of the Act, must give a full report to WorkSafe in writing that sets out the following matters:

(a)

the name and contact details of the person giving notice (which should include, if possible, telephone and fax numbers, and an email address):

(b)

the place, date, and time of the accident:

(c)

a complete description of the accident:

(d)

a description of any injuries, damage, or losses resulting from the accident:

(e)

if known, the names and contact information of any witness, investigator at the scene, or other person who could provide cogent information on the accident:

(f)

possible causative factors (if any are known):

(g)

if known, the name, age, sex, occupation, and residential address of the victim.

(2)

An accident may initially be notified to WorkSafe by telephone, fax, email, or any other electronic means, as long as the full written report is sent to WorkSafe within 2 weeks after that initial notification.

(3)

The full written report may be sent to WorkSafe by post, fax, email, or any other electronic means.

Regulation 87(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 87(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 87(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

88 Competent organisations to supply copies of seals they use

(1)

A competent organisation intending to carry out work under regulation 22 or 79 must, before carrying out the work, supply to WorkSafe a copy of the seal that the competent organisation will use in respect of that work.

(2)

Every competent organisation commits an offence and is liable on conviction to a level 1 penalty that fails to provide a copy of a seal in accordance with this regulation.

89 Offence for competent organisations to fail to keep records

Every competent organisation commits an offence and is liable on conviction to a level 1 penalty that fails to keep any of the records required by these regulations to be kept by competent organisations.

Until 31 December 2015, a gas installation does not fail to be a gas installation by reason only that it does not meet the requirement for double pole switching in clause 6.2.8(c) of AS/NZS 5261.1 2010 or clause 2.14(c) of AS/NZS 5601.2.

97 Transitional provision about repair of gas appliances made and installed before 1985

A person may, without contravening these regulations, repair and use a gas appliance that was made and installed before 1 January 1985, provided that the repairs, modifications, and adjustments of the gas appliance meet the technical requirements in NZS 5266.

(a)

(b)

under construction or being installed in New Zealand; or

(c)

in transit to New Zealand; or

(d)

the subject of an irrevocable purchasing order by a person in New Zealand.

(2)

Despite anything to the contrary in these regulations, the distribution systems, gas installations, fittings, and gas appliances may continue to be constructed, installed, sold, or used, provided that they—

(a)

are not unsafe; and

(b)

complied immediately before the amendment date, and continue to comply, with the requirements of these regulations as in force immediately before the amendment date.

In subclause (1), specified installation means a gas installation, a part of a gas installation, or an extension or addition to, or replacement of, a gas installation or part of a gas installation that—

(a)

is designed, installed, commissioned, or tested on or after the amendment date; and

(b)

would, but for subclause (1), be required to comply with regulation 43 as in force on and after the amendment date.

100 Secretary’s exemptions

An exemption given by the Secretary under regulation 30 of the Gas Regulations 1993, and still in force immediately before 4 May 2010, continues in force after that date as if it had been given under regulation 85 of these regulations on the date on which it was given.

101 Gas Regulations 1993 continue in force for purpose of transitional arrangements in these regulations

(1)

The Gas Regulations 1993 continue in effect as if they had not been revoked by these regulations for the purpose of any transitional provision in these regulations that provides for compliance with any provision of those regulations instead of compliance with these regulations.

(2)

Without limiting subclause (1), any prosecution or other enforcement action may be taken under the Gas Regulations 1993 in respect of a failure to comply with a provision continued under these regulations.

102 Certificates of compliance

The revocation of the Gas Regulations 1993 does not affect the validity of any certificate of compliance issued under those regulations.

Schedule 1 List of gas codes of practice and official standards

Gas codes of practice

Abbreviations used in regulations

Full title

GCP 2

New Zealand Gas Code of Practice for Maintenance and Safety of CNG Refuelling Stations (NZ GCP 2:1993) issued by the Secretary on 2 February 1993, and approved by the Minister of Energy on 18 March 1993

Official standards

Abbreviations used in regulations

Full title

AS/NZS 4645

New Zealand Standard known as AS/NZS 4645:2008 (Gas distribution networks Parts 1, 2, and 3) including Amendments 1, 2, and A

AS/NZS 5601.1–2013

New Zealand Standard known as AS/NZS 5601.1:2013 (Gas installations—Part 1: General installations)

AS/NZS 5601.2–2013

New Zealand Standard known as AS/NZS5601.2:2013 (Gas installations—Part 2: LP Gas installations in caravans and boats for non-propulsive purposes)

AS/NZS 60079.10.1:2009

New Zealand Standard known as AS/NZS 60079.10.1:2009 (Explosive atmospheres—Classification of areas—Explosive gas atmospheres) including amendment 1

AS/NZS 60079.10.2:2011

New Zealand Standard known as AS/NZS 60079.10.2:2011 (Explosive atmospheres—Classification of areas—Combustible dust atmospheres)

ISO/IEC Guide 67:2004

International Organization for Standardization Standard known as ISO/IEC Guide 67:2004 (Conformity assessment—Fundamentals of product certification)

AS/NZS ISO/IEC 17020

International Organization for Standardization Standard known as ISO/IEC 17020:2013 (Conformity assessment—Requirements for the operation of various types of bodies performing inspection)

AS/NZS ISO/IEC 17025

International Organization for Standardization Standard known as ISO/IEC 17025:2005 (General requirements for the competence of testing and calibration laboratories)

NZS 5255

New Zealand Standard known as NZS 5255:2014 (Safety verification of existing gas installations)

NZS 5256

New Zealand Standard known as NZS 5256:2014 (Verification of safety of gas appliances)

NZS 5258

New Zealand Standard known as NZS 5258:2003 (Gas distribution networks) subject to the variation that references in this standard to AS/NZS 1596:2002 (Storage and handling of LP gas) must be read as references to AS/NZS 1596:2008 (Storage and handling of LP gas)

NZS 5259

New Zealand Standard known as NZS 5259:2004 (Gas measurement)

NZS 5263

New Zealand Standard known as NZS 5263:2003 (Gas detection and odorisation)

NZS 5266

New Zealand Standard known as NZS 5266 (Int):2012 (Safety of gas appliances)

NZS 5425.1

New Zealand Standard known as NZS 5425.1:1994 (Code of practice for CNG compressor and refuelling stations—on site storage and location of equipment)

NZS 5425.2

New Zealand Standard known as NZS 5425.2:1996 (Code of practice for CNG compressor and refuelling stations—compressor equipment)

NZS 5425.3

New Zealand Standard known as NZS 5425.3 (Code of practice for CNG compressor and refuelling stations—metering devices)

NZS 5425.4

New Zealand Standard known as NZS 5425.4:1994 (Code of practice for CNG compressor and refuelling stations—CNG trickle-fill stations on commercial and industrial premises)

NZS 5435

New Zealand Standard known as NZS 5435:1996 (Specification for liquefied petroleum gas (LPG))

NZS 5442

New Zealand Standard known as NZS 5442:2008 (Specification for reticulated natural gas)

NZS 7901

New Zealand Standard known as NZS 7901:2008 (Electricity and gas industries—safety management systems for public safety)

NZS/AS 3645

New Zealand Standard known as NZS/AS 3645:2012 (Essential requirements for gas equipment Part 1 and Part 2)

CSA 22.2.46:2013

Canadian Standards Association standard known as CSA 22.2.46:2013 (Electric air heaters)

Details of informant

Payment of infringement fee

The fee is payable on or before [specify], which is 28 days after the date on which this notice is posted to you or delivered to you personally.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the due date.

If you are paying by cheque, the cheque must be made out to [specify] and be crossed “not transferable”. When paying, include the following information with the payment:

the infringement notice number (given at the top of this notice):

your full name:

your address for contact, but only if it is different from the one shown on this notice.

Paying the infringement fee now

If you pay the infringement fee on or before the due date, no further action will be taken against you.

General enquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

Requesting hearing

You should write to the informant if you want to request a hearing on the grounds that—

you deny liability for the offence; or

you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

If you write to request a hearing, the request must be signed by you, and be received by the informant on or before the due date of the infringement fee, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any fine.

If you write to request a hearing but you admit liability, your letter should clearly—

admit liability; and

set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you have not paid the infringement fee by the due date, and have not requested a hearing on or before that date (or within any further time the informant allows), the informant may send you a reminder notice. The reminder notice will set out a final due date, which will be the date that is 28 days after the date on which the reminder notice is posted or delivered to you.

If you do not pay the infringement fee on or before that final due date and do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee.

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 2 form 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Details of informant

Payment of infringement fee

Final due date

The due date for payment of the infringement fee was [specify]. By that date, payment had not been received, and you had not requested a hearing.

The final due date is now [specify], which is 28 days after the date on which this notice is posted to you or delivered to you.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the final due date.

If you are paying by cheque, the cheque must be made out to [specify] and be crossed “not transferable”. When paying, include the following information with the payment:

the infringement notice number (given at the top of this notice):

your full name:

your address for contact, but only if it is different from the one shown on this notice.

Paying the infringement fee now

You can pay the infringement fee to the informant now, at the informant’s address. If you pay it on or before the final due date, no further action will be taken against you.

General enquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the final due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

Requesting hearing

You should write to the informant if you want to request a hearing on the grounds that—

you deny liability for the offence; or

you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

If you write to request a hearing, the request must be signed by you, and be received by the informant on or before the final due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any fine.

If you write to request a hearing but you admit liability, your letter should clearly—

admit liability; and

set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the final due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you do not pay the infringement fee on or before the final due date and do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee.

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 2 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

1 Bodies that may certify gas appliances and specified fittings

The following bodies may certify gas appliances and specified fittings for the purposes of regulation 54(3):

(a)

a body that is working within either of the following certification regimes:

(i)

EU Directive 2009/142/EC:

(ii)

for appliances that are not overed by EU Directive 2009/142/EC, EU Directive 90/396/ECC:

(b)

Canadian Standards Association:

(c)

Underwriters Laboratories:

(d)

SAI Global Certification Services Pty Ltd (trading as SAI Global):

(e)

IAPMO R & T Oceana Pty Ltd:

(f)

Australian Gas Association:

(g)

Global-Mark Pty Ltd:

(h)

a body accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) and with a scope that includes NZS/AS 3645:2010 Part 2.

2 Standards and conditions applying to certification by bodies working within EU Directive 2009/142/EC or EU Directive 90/396/ECC

(1)

This clause applies to a gas appliance or specified fittings certified by a body that is working within the certification regime of—

(a)

EU Directive 2009/142/EC; or

(b)

EU Directive 90/396/ECC, in the case of appliances not covered by EU Directive 2009/142/EC.

(2)

The appliance or fittings must be certified to the standard specified in subclause (7), subject to the following conditions:

(a)

an appliance incorporating electrical equipment with a low voltage external supply must be tested for gas safety compliance using a supply of 230 volts, 50 Hz (nominal):

(b)

an LPG appliance, other than an appliance for use with non-refillable cartridges, must be certified to Category I3B/P 30 or I3B/P 28-30:

(c)

a natural gas appliance must be certified to Category I2H:

(d)

a cabinet heater must be fitted with a label and notice that complies with Appendices 1 and 2 of NZS/AS 3645.

(3)

An appliance is deemed to have been certified to an EN standard specified in subclause (7) if the appliance has been certified to a published national standard.

(4)

In subclause (3), published national standard means a standard published by a national standardisation body that is a member of the Committee of European Standards (CEN) as being the national implementation of the relevant EN standard.

(5)

An appliance that is deemed to be certified to an EN standard specified in subclause (7) is subject to—

(a)

the conditions set out in subclause (2); and

(b)

the condition that the appliance include instructions in English for its installation and use.

3 Standards and conditions applying to certification by Canadian Standards Association or Underwriters Laboratories

(1)

This clause applies to a gas appliance or specified fittings certified by—

(a)

Canadian Standards Association; or

(b)

Underwriters Laboratories.

(2)

The appliance or fittings must be certified to the standard specified in subclause (3), subject to the following conditions:

(a)

a gas appliance incorporating electrical equipment with a low voltage external supply must be tested for gas safety compliance using a supply of 230 volts, 50 Hz (nominal):

(b)

an LPG appliance, other than an appliance for use with non-refillable cartridges, must be tested as follows:

(i)

either—

(A)

the tests specified in the compliance standard must be conducted with Test Gas D (butane); and

(B)

combustion tests, and tests of burner operating characteristics, pilot operating characteristics, and ignition, must also be conducted with Test Gas E (propane) with no change whatever in burner equipment; or

(ii)

in the case of an outdoor cooking gas appliance or an outdoor cooking speciality gas appliance, tests for temperature hazards, heat resistance, flame abnormalities, including sooting, and tests in which CO ratios or concentrations are measured must be conducted with Test Gas D (butane) with no change whatever in burner equipment.

Gas storage water heaters with input ratings of 75,000 BTU per hour or less

ANSI Z21.10.1-2013/CSA 4.1-2013 American National Standard/CSA Standard for Gas Water Heaters With Input Ratings of 75,000 BTU Per Hour or Less

Or, until 30 June 2016: ANSI Z21.10.1-2009/CSA 4.1-2009 American National Standard/CSA Standard for Gas Water Heaters, Volume I, Storage Water Heaters With Input Ratings Of 75,000 BTU Per Hour Or Less, including ANSI Z21.10.1a-2009/CSA 4.1a-2009

This clause applies to a gas appliance or specified fittings certified by any one of the following bodies:

(a)

SAI Global Certification Services Pty Ltd (trading as SAI Global):

(b)

IAPMO R & T Oceana Pty Ltd:

(c)

Australian Gas Association:

(d)

Global-Mark Pty Ltd.

(2)

The appliance or fittings must be certified to the standard specified in subclause (3), subject to the condition that an LPG appliance, other than an appliance for use with a non-refillable cartridge, must be certified as a universal LPG appliance or a New Zealand LPG appliance.

Gas (Safety and Measurement) Amendment Regulations 2012

(SR 2012/280)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of September 2012

Present:The Right Hon John Key presiding in Council

Pursuant to section 54 of the Gas Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Energy and Resources after consultation with the Environmental Protection Authority in accordance with section 54(6) of the Gas Act 1992, makes the following regulations.

Regulations

1 Title

2 Commencement

3 Principal regulations

These regulations amend the Gas (Safety and Measurement) Regulations 2010 (the principal regulations).

Transitional provisions

15 Application of amendments made by these regulations

(1)

In this regulation,—

new regulations means the principal regulations as amended by these regulations

old regulations means the principal regulations as they were immediately before these regulations came into force.

(2)

The new regulations apply to all gasfitting work that is started on or after these regulations come into force.

(3)

Gasfitting work on a gas installation or part installation that is in progress when these regulations come into force may, after these regulations come into force, be continued and completed under either the old regulations or the new regulations, but—

(a)

if the new regulations are applied, they must continue to be applied to all stages of the work (such as testing, connection, and certification) until the work is finished, and a gas safety certificate must be issued for the gas installation or part installation after it is connected to a gas supply; and

(b)

if the old regulations continue to be applied,—

(i)

a certificate of compliance of the sort provided for in the old regulations may be issued, but only until 30 September 2013, in which case any fee associated with that certificate of compliance continues to be payable by the person issuing it; after that date, every certificate of compliance must be in the form provided for in the new regulations; and

(ii)

a gas safety certificate may, but need not be, issued; and

(iii)

if the work is high-risk gasfitting work, details of the work may, but need not, be recorded in the certification database.

Rebecca Kitteridge,Clerk of the Executive Council.

Date of notification in Gazette: 27 September 2012.

Reprints notes

1 General

This is a reprint of the Gas (Safety and Measurement) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.